The Veteran is receiving nonservice-connected pension benefits. The appellant and her minor daughter are not entitled to an apportionment of the Veteran's pension benefits due to the hardship demonstrated by the appellant being unemployed with no income, and the Veteran having a surplus monthly income that would result in undue hardship if 20% or more of his benefits were apportioned.
The deciding factor: The Veteran has a surplus monthly income which would not allow for an apportionment of at least 20% of his nonservice-connected pension benefits, resulting in undue hardship to him. The appellant's lack of income and her minor daughter's expenses exceed the Veteran's surplus income.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 5, 2009
- Citation
- 0942247
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0942247.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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